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HomeMy WebLinkAbout20030382 Ver 2_DCM Permit_20240705Permit Class NEW Permit Number 66-24 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ertnt" t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Whitney and Neil Leonard, Town of Wrightsville Beach, 234 Seacrest Drive Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at adj. to Motts Channel_ at 234 Seacrest Drive in Wrightsville Beach, as requested in the permittee's application submitted (PA-1318) on 4/2/24, including attached workplan drawings (5), C1-C2 dated 8/16/23, and Sheets 1-3 dated 4/2/24. This permit, issued on July 5, 2024 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Stormwater Pipe Replacement 1) This permit authorizes the removal of an existing stormwater pipe and rubble and installation of a 24" stormwater pipe and a new riprap energy dissipator as expressly and specifically set forth in the permit application. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796- 7215 for this determination. [07J .0202(c)] 2) In accordance with commitments made by the permittee, the existing stormwater energy dissipator shall be removed and graded to match the surrounding elevation prior to the installation of the new riprap energy dissipator. [07J .0202(c); G.S. 113-229(e)] (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on July 5, 2029 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Tancred Miller, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Whitney and Neil Leonard ADDITIONAL CONDITIONS Permit No. 66-24 Page 2 of 4 3) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the area indicated on the workplan drawing(s). [07J .0202(c)] 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. [07H .0205] Stormwater Management 5) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project may require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. [07H .0209(d)] Shoreline Stabilization - Bulkhead Replacement 6) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. [07H .0208(b)(7)(D)] 7) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [07H .0208(b)(7)(B); 07H .0205(d)] 8) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 9) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. [07H .0209(d)(4)] 10) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H .0209 (d)(4)] 11) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. [07H .0208(b)(7)(C); 07H .0209(d)(4)] 12) This permit does not authorize any excavation waterward of the approved alignment. [07H .0206] 13) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A); 07H .0209(d)(3)] 14) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. [07H .0208(b)(7)(C)] 15) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. [07H.0209 (d)(10)] Whitney and Neil Leonard ADDITIONAL CONDITIONS Permit No. 66-24 Page 3 of 4 16) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. [07H .0208(b)(7)(D); 07H .0209(d)(4)] Sedimentation and Erosion Control 17) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208] 18) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208] 19) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. [07H .0209(d)(3)] General 20) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. [07H .0208(a)(2)(B)] 21) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. [07J .0406(b)] 22) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. [07J .0209(a); G.S 113A-120(b)] 23) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3 (Action ID SAW-2024-00829) NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual General Water Quality Certification 6866 and assigned the project DWR Project No. 20030382v2.